Arbitrary arrest of three LGBT activists - UGA 001 / 0608 / OBS 096

05/06/2008
Urgent Appeal

The Observatory has been informed by reliable sources about the arbitrary arrest of Mr. Onziema Patience, Ms. Valentine Kalende and Mr. Auf, three Ugandan LGBT activists.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Uganda.

Description of the situation:

According to the information received, on June 4, 2008, Mr. Onziema Patience, an FTM transgender, Ms. Valentine Kalende and Mr. Auf were arrested by the Uganda Police Force at the 2008 HIV/AIDS Implementers’ Meeting, taking place in Kampala, Uganda, from June 3 to 7, 2008. Along with other LGBT and HIV/AIDS activists, they were peacefully protesting against statements made by a Ugandan Government official that no funds would be directed toward HIV programmes benefiting to men who have sex with men.

Indeed, on May 2, 2008, Mr. Kihumuro Apuuli, Director General of the Uganda AIDS Commission, stated that "gays are one of the drivers of HIV in Uganda, but because of meagre resources we cannot direct our programmes at them at this time". The LGBT activists, including members of Sexual Minorities Uganda (SMUG), staged a peaceful protest at the HIV Implementers meeting to protest against the Minister’s statements and in a more general way the absence of response of the Ugandan Government to a growing HIV epidemic among the country’s LGBT community.

After they started distributing leaflets and holding up small placards demanding attention to HIV vulnerability among LGBT, Mr. Onziema Patience, Ms. Valentine Kalende and Mr. Auf were arrested and immediately brought to the Jinja Road Police Station.

LGBT rights defenders have been targeted with increasing frequency in Uganda[1]. The Observatory strongly condemns these acts of harassment against them, which blatantly violate regional and international instruments on human rights that guarantee freedom of expression, in particular the International Covenant on Political and Civil Rights, the African Charter on Human and People’s Rights and the provisions of the Declaration on Human Rights Defenders, adopted by the United Nations General Assembly on December 9, 1998.

Actions required:

Please write to the authorities of Uganda urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Onziema Patience, Ms. Valentine Kalende and Mr. Auf;

ii. Release immediately Mr. Onziema Patience, Ms. Valentine Kalende and Mr. Auf as their detention is arbitrary since it only aims at sanctioning their human rights activities;

iii. Put an end to all kinds of harassment, including at the judicial level, against all human rights defenders in Uganda;

iv. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its above-mentioned Article 1 and article 12.2, which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [...] Declaration";

v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Uganda.

Addresses :

 the President of Uganda, Parliament Building, PO Box 7168, Kampala, Uganda. Fax: + 256 41 4235459 / +256 41 4344012
 Attorney General and Minister of Justice, Hon. Kiddhu Makubuya, Ministry of Justice and Constitutional Affairs, Parliament Avenue, P.O.Box 7183, Kampala, Uganda. Fax: + 256 41 4250829
 Minister of Internal Affairs, Ruhakana Rugunda, Jinja Rd, PO Box 7191, Kampala, Uganda. Fax: + 256 414343088

Please also write to the embassies of Uganda in your respective country.

***

Geneva - Paris, June 5, 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

Email : Appeals@fidh-omct.org

Tel et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80
Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29

[1] For instance, see Observatory Press Release dated November 28, 2007.

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